A health insurance issuer that offers a health benefit plan providing group market health insurance coverage in this state may not:

1. (1) Deny participation by a qualified individual in an approved clinical trial;
2. (2) Deny, limit or impose additional conditions on the coverage of routine patient costs for items or services furnished in connection with participation in the trial; or

3. (3) Discriminate against an individual on the basis of the individual's participation in an approved clinical trial.

   A network plan may require a qualified individual who wishes to participate in an approved clinical trial to participate in a trial that is offered through a health care provider who is part of the network plan if the provider is participating in the trial and the provider accepts the individual as a participant in the trial.

Source: 39 SDR 203, effective June 10, 2013.

General Authority: SDCL 58-18-79.

Law Implemented: SDCL 58-18-79 , 58-18-80.